[WSBAPT] small-estate affidavit

[Derek Jensen]

Hi Cindy,

You might be stuck; however, the relevant language in the 11. 62.010 is “all debts … paid or provided for”. Perhaps the “provided for” provides an out. I have always wondered about this language since how do we know all debts have been paid or provided for until the statute of limitations or notice to creditors period has been exhausted?

From your facts it sounds like any funds she would receive would be for partial reimbursement of estate administrative expenses with higher priority than other claims. Would the fact that other claims have no recourse mean that they are provided for?

You could proceed with a non-probate notice to creditors. Determine priority, reject all of the claims in excess of assets, and then use 11.62 to claim the funds. In that case your client would be notice agent and claiming successor. Perhaps not ideal, but better than opening an insolvent probate and being a court appointed fiduciary.

Best of luck,

Sincerely,

Derek W. Jensen, JD, LLM
Jensen Law Office, PLLC

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Cindy Zetts
Sent: Thursday, February 2, 2017 9:31 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] small-estate affidavit

All --

A client is trying to get the money from a deceased parent's bank accounts to cover some of her costs. The estate is insolvent and very small -- worth not more than a few thousand dollars. Parent died intestate. Client has paid burial expenses and costs of moving the parent's personal property out of a rental unit. Client would like to use what little money is in parent's bank accounts to cover some of client's expenses. Parent died with unpaid medical and utility bills, among other possible debts. Bank will not release money without letters of administration or testamentary. Can client present a small-estate affidavit instead even thought debts are not paid? If not, what is the best way to handle this situation?

Thanks,
Cindy Zetts
Law Office of Cynthia Zetts, PLLC
206-423-5334

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